THIS waiver FORM MUST BE NOTARIZED PARTICIPANT AGREEMENT, RELEASE, AND ACKNOWLEDGMENT OF RISK In consideration of the services of 3rd Lair Skatepark, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter referred to as "3rdLS"), I hereby agree to release, indemnify, and discharge 3rd LS, on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows. 1. I acknowledge that BMX bicycling, incline skating, and/or skateboarding entails unanticipated risks which could result in physical or emotional injury , paralysis, death, or damage to myself, to property or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include among other things: Collision with other participants, the walls,other fixed objects; falling down; my own equipment failure, or the failure of other's equipment; my own equipment failure or the failure of other's equipment; my own or other's negligence; and objects or conditions on the surface that may cause me to fall; broken bones, sprains, head and back injuries, abrasions, and bruises. Furthermore, 3rdLS employees have difficult jobs to perform. They seek safety, but the are not infallible. They might be unaware of a participant's fitness or abilities. They may give inadequate warnings or instructions, and the equipment being used might malfunction. 2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. 3. I hereby voluntary release, forever discharge, and agree to indemnify and hold harmless 3rdLS from any and all claims; demands, or causes of action, which are in any way connected with my participation in this activity or my use of 3rdLS's equipment or facilities, including any such Claims which allege negligent acts or omissions of 3rdLS. 4. Should 3rdLS or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all fees and costs. 5. I certify that I have adequate insurance to cover any injury or damage I may suffer while participating, or else agree to bear the costs of such injury or damage myself. I further certify that I have no medicinal or physical conditions which could interfere with my safety in this activity, or else I am willing to assume -- and bear the costs of -- all risks that may be created, directly or indirectly, by any such condition. 6. In the event that I file a lawsuit against 3rdLS, I agree to do so solely in the state of Minnesota, and I further agree that the substantive law of that state shall apply in action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to to have waived my right to maintain a lawsuit against 3rdLS on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read it, and I agree to be bound to it's terms. Signature of Participant:______________________________ Print Name:______________________________________________ Address:________________________________city:________________________state:______ Phone:_____________________________________ Date:_____________________________________________ PARENT'S OR GUARDIAN'S ADDITIONAL INDEMNIFICATION (Must be completed for participants under the age of 18) In consideration of ___________________(print minor's name)("Minor") being permitted by 3rdLS to participate and use it's equipment and facilities, I further agree to indemnify and hold harmless 3rdLS from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by minor. Parent or Guardian:___________________________________________________________ Print Name:______________________________________ Date:________________________